Question:  Which health and welfare services must be provided to students in non-public schools?

Answer: All health and welfare services which are provided to pupils in public schools must be available to pupils in nonpublic schools, i.e., vision, hearing and scoliosis screening tests, physical examinations and emergency care for ill or injured pupils.  The Handbook on Services to Pupils Attending Nonpublic Schools can be found in our A-Z Index under “N” at:

 http://www.schoolhealthservicesny.com/a-zindex.cfm?subpage=20

Question: If a nurse goes on a field trip to another state, does her NY nursing license cover her to practice in that state?

Answer:  In New York we have an exemption in the Nurse Practice Act for this situation so that RNs coming here are covered as long as they do not hold themselves out to be "RNs" to anyone in the host state.

This relates to RNs coming HERE. It would be wise to check with the

State Board of Nursing in the state you might be traveling to in order

to confirm that state's specific laws and regulations.

Answer:  A school nurse may utilize a Breathlyzer for assessment of suspected substance use if the school's medical director provides policies and protocols, approved by the school district, for use and follow up.  The National Association of School Nurses has a position statement titled "The Role of the School Nurse Regarding Drug Testing in Schools" that can be accessed from their website at: http://www.nasn.org/Default.aspx?tabid=218.

Question:     Are there specific liabilities related to school nurses?

Answer: School nurses are subject to administrative, civil and criminal liability.

Administrative liability would be if the school nurse were referred to their state's Board of Nursing for investigation of possible failure to meet state practice standards.

Civil liability involving school nurses relates to questions of negligence.  Liability in a civil case does not require proof of intent to do harm, but rather, failure to meet the standard of care of another reasonable school nurse in the same situation.

Many cases of liability include failure to:

• Perform an adequate assessment
• Intervene effectively in emergencies (especially asthma and anaphylaxis)
• Document appropriate nursing care
• Keep clinically up-to-date
• Follow district policy
• Delegate safely
• Communicate with parents

Criminal investigation woould be initiated if the school nurse engaged in activities that are prohibited by law such as theft of controlled drugs or practicing medicine with a license.  If the nurse is found guilty, she/he is generally sentenced by the court and may be required to pay a fine or serve a jail sentence or both.

Resource:  School Health Alert - October 2000.

 

Question:  May non-public schools seek health services for their students from the public school district in which their school resides?

Answer:   Yes, Education Law section 912 requires when health and welfare services are requested by a non-public school, the boards of education or city or county department of health which ever agency is providing health service to that particular district is obligated to provide services equivalent to those provided to public school pupils in the district in which the non-public school is located.